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Town Council Resolution 46 2017 TOWN OF SNOWMASS VILLAGE TOWN COUNCIL RESOLUTION NO.46 SERIES OF 2017 ENCLAVE MAJOR PUD AMENDMENT PRELIMINARY PLAN APPLICATION WITH ASSOCIATED VARIATIONS FROM DEVELOPMENT PARAMETERS AND TO PERMIT THE APPLICANT TO PROCEED TO A FINAL PUD APPLICATION SUBMISSION. WHEREAS, On December 18, 1978, Ordinance No. 28, Series of 1978 (Ordinance 28) approved the Final Planned Unit Development for the Enclave project together with the Subdivision Plat for Parcel N for a site containing 4.05 acres or 176,418 square feet, 39 condominium units and one employee unit calculating to approximately 10 dwelling units per acre (DU/ac). The free market unit mix approved was for three, 4-bedroom; 12, 3-bedroom; and 24, 2-bedroom units. The site included 53 parking spaces with 63.7 percent of the site reserved for open space and landscaping. There was no maximum floor area limit established outside the 10 DU/ac parameter;and WHEREAS, On December 18, 1978, a subdivision plat for the "Parcel N Subdivision"involving the Enclave project was approved by the Town that incorporated a number of easement grants, including a ski lift easement for the prior Woodrun lift that served to access the base area of the Alpine Springs lift;and WHEREAS, Resolution No. 18, Series of 1983, approved an amendment to certain restrictions contained in Ordinance 28 in order to provide for use of the Enclave condominium manager's apartment (Unit 100) by individuals other than employees of the Enclave Condominium Association;and WHEREAS, Ordinance No. 12, Series of 1990, approved an Amendment to the Parcel N PUD (Ordinance 28) for a 1,685 square foot Arrival Center on the Enclave property including the creation of parking spaces for a total of 49 parking spaces on the site;and WHEREAS, in 2006, the Wood Run ski lift easement was extinguished, via an executed private ski easement recorded at Pitkin County Clerk and Recorder's Reception No. 538226, mainly as a result of the proposed Base Village development and the new Elk Camp Gondola connecting to a mid-station area serving Assay Hill and on to the Elk Camp Meadows area;and WHEREAS, Town Council Resolution No. 26, Series of 2015, was approved "authorizing Jim Gustafson a member of the Town of Snowmass Village Planning Commission to appear before Town Council on behalf of the Enclave for the purpose of a 1 Town Council Resolution No. 46, Series 2017 Enclave Major PUD Amendment Preliminary Plan - Page 2 of 14 discussing, reviewing and seeking approval regarding proposed renovations and new development at the Enclave"; and WHEREAS, On May 25, 2016, a Notice of Decision for an Administrative Modification was approved for roofing and siding changes on the Enclave buildings that have since been installed; and WHEREAS, on November 29, 2016 the Enclave Association, Inc. formally submitted a Major PUD Amendment Preliminary Plan application which included requested waivers and deferrals of certain Preliminary Plan submission items required by the municipal code, which was updated as complete on February 28, 2017; and WHEREAS, the application at the time generally proposed, a) an increase of five (5) free-market units in three building pod additions on the west side of the site, b) the conversion of the existing manager's unit in the east wing to one (1 ) free-market unit, c) the additions of two 332 square foot rooms onto existing Units 113 and 213 on the north end of the west building wing, d) an increase from one manager's unit of 800 square feet to three employee units in the existing arrival building (to be renovated) totaling approximately 1 ,828 square feet, e) a variation from the unit equivalency buildout chart cap of 40 actual units, f) an increase in overall density from 10 to 11 dwelling units per acre, g) an accessory new replacement arrival building of approximately 2,510 square feet, h) an increase of parking from an existing count of 47 spaces to a total of 72 spaces including underground parking as well as 14 additional tandemly arranged spaces within an expanded carport structure, and i) a proposed setback reduction along Wood Road from 22 to 13 feet to accommodate the new carport structure; and WHEREAS, a Sketch Plan application was not necessary because the proposal does not add more than six (6) free-market residential dwelling units and does not increase the existing floor area or footprint of a nonresidential building by more than ten percent (10%) according to Section 16A-5-330 and Table 5-3 in the municipal code; and WHEREAS, on January 3, 2017, Town Council Resolution No. 4, Series of 2017, was passed granting deferrals of the construction management plan drawings, a detailed landscape plan, and updated condominium documents to the Final PUD submission, and waived the Brush Creek Impact Report and the Wildlife Habitat Analysis, with conditions that certain other required reports or studies be delivered to determine the application complete; and WHEREAS, the applicant resubmitted the application on February 8, 2017, and following updates to clarify the proposal, the application was deemed adequately complete on February 28, 2017 for a formal referral and evaluation of the proposal on March 2, 2017; and WHEREAS, a joint meeting of the Planning Commission and the Town Council was scheduled on April 3, 2017 to hear a presentation of the application by the _ L Town Council Resolution No. 46, Series 2017 Enclave Major PUD Amendment Preliminary Plan - Page 3 of 14 applicant; and WHEREAS, pursuant to Resolution No. 23, Series of 2017, the Town Council identified the specific components or project elements, areas of the code or core issues for the Planning Commission's review of the Major PUD Amendment Preliminary Plan application involving the Enclave, as further addressed in this resolution; and WHEREAS, the Planning Commission held scheduled public hearings to receive public comments and review the Preliminary Plan application on April 19, June 21 (continued from May 17), July 19 and August 16, 2017 at which meetings it heard presentations and rebuttals by the Applicant on the scheduled core issues or topics, heard the recommendations of the Town Staff, reviewed the application, considered comments from the public, Town departments, referral agencies or districts, and reviewed and acted upon Resolution No. 5, Series of 2017 (Resolution 5) providing its findings and recommendations to the Town Council on the relative core issues; and WHEREAS, during the course of the Planning Commission review, the Applicant submitted four Supplemental Addendums received June 14 and 19, August 10 and 16, 2017 in response to the Planning Commission, town staff and public comments. A fifth Supplemental Addendum was submitted on October 5, 2017 relative to an updated drainage report in response to Town staff comments; and WHEREAS, during the Applicant's presentation to the Planning Commission on August 16, 2017, the Applicant offered an additional deed restricted `resident-occupied' housing unit of 820 square feet in the building addition area as an additional community purpose item which was accepted by the Planning Commission in Resolution 5; and WHEREAS, on August 2, 2017 a notice for the initial Town Council public hearing on September 5, 2017 was printed in the Snowmass Sun, and the Applicant submitted signed affidavits regarding the mailing and posting of the public hearing notice pursuant to Section 16A-5-60, `Notice of public hearing' in the Municipal Code; and WHEREAS, following a continuance of the public hearing from September 5 to October 2, 2017 to primarily hear a presentation of the application, including the supplemental past addendums by the Applicant, and to receive public comments, the public hearing was continued again to November 6. WHEREAS, an Amendment was submitted by the Applicant on October 30, 2018 that was accepted by the Town Council at the November 6 meeting for ongoing review. This Amendment involved various addendums and revisions of the application materials, which showed the effects from a proposed new 822 square foot two-bedroom deed restricted `for-sale' employee housing unit in lieu of the proposed and accepted restricted `resident-occupied' unit at the August 16, 2017 Planning Commission meeting. This Amendment increases the proposed employee housing from three (3) to four (4) units and from 1 ,828 to 2,650 square feet, reduces the proposed Unit I Town Council Resolution No. 46, Series 2017 Enclave Major PUD Amendment Preliminary Plan - Page 4 of 14 Equivalency to 37.03 (still above the existing 27.42 UE), and increases parking from 72 to 74 space from that previously proposed; and WHEREAS, further continued public hearings were held by the Town Council on December 4 and 18, 2017 to review and provide direction on certain core issue items, receive public comments, consider the Planning Commission and Town Staff recommendations, and to review and act upon this resolution; and WHEREAS, the Major PUD Amendment Preliminary Plan application was processed pursuant to the procedures outlined in Section 16A-5-300 "Purpose; overview; general restrictions,' Section 16A-5-310 `Review standards,' which refer to the Development Evaluation Standards in Article IV, Section 16A-5-340, `Preliminary plan,' and Section 16A-5-340(k), `Amendment,' of the Municipal Code. NOW, THEREFORE, BE IT RESOLVED, by the Town Council of the Town of Snowmass Village, Colorado: Section One: Findings. The Town Council finds for a Preliminary Plan level of review that: 1 . Application material sufficiency. The Applicant has submitted sufficient information pursuant to Section 16A-5-340 of the Municipal Code, including the supplemental addendum submission items and the Amendment dated October 30, 2017 to permit the Town Staff, Planning Commission and Town Council an adequate review of the proposed Major PUD Amendment Preliminary Plan application and the intended underlying re-zoning to `Multi-Family' (MF). 2. Public Hearing Notices. The Applicant met the minimum public hearing notice requirements outlined in Section 16A-5-60, `Notice of public hearing' in the Municipal Code. 3. Conformance with Municipal Code Requirements. Except with respect to the notable items for a Preliminary Plan level of review described in Section Two below and the conditions in Section Four herein, relative to the core issues, the application is in "general compliance" with Section 16A-5-300(c), `General Restrictions,' and Section 16A-5-310, `Review Standards,' of the Municipal Code. 4. PUD Amendment Standards. According to Section 16A-5-390, subsection (3) of the municipal code, the Town Council has considered, but is not bound by, whether the proposal also meets the `Review Standards' for Minor PUD Amendments. The Town Council finds that the proposed PUD Amendment: a. Is an enhancement of the original PUD approval; b. Does not have a substantial adverse effect on the neighborhood surrounding the land where the amendment is proposed, or has a i Town Council Resolution No. 46, Series 2017 Enclave Major PUD Amendment Preliminary Plan - Page 5 of 14 substantially adverse impact on the enjoyment of land abutting upon or across the street from the subject property; and c. Does not change the basic character of the PUD or surrounding areas. 5. Directives. The Town Council direction in Resolution No. 23, Series of 2017, identifying specific components or project elements, areas of the code or core issues for review, were sufficiently addressed by the Planning Commission in Resolution No. 5, Series of 2017. Section Two: Specific Findings related to core issues. For a Preliminary level of review, and subject to the Applicant implementing the conditions in Section Four of this resolution, the Town Council more specifically finds that: 1 . Views. In accordance with Section 16A-4-340, `Building design guidelines to preserve community character,' under subsection (5) `Views,' the Town Council agrees with the Planning Commission's findings and recommendations in its Resolution No. 5, Series of 2017, and makes the following findings regarding the proposed building additions: a. The building additions, proposed under the 38 foot height limit per the proposed underling 'MF' zone district together with the further lowering of the building heights below elevation 8493 (per Applicant's Supplemental Addendum received June 14, 2017 as presented to Planning Commission on June 21 , 2017 and to the Town Council on October 2 and December 4, 2017), are sufficiently oriented to take advantage of views and view corridors, appropriately frames views, encloses open space buffering, and satisfactorily preserves important sight lines, overlooks and landmarks as viewed from public roadways and other public spaces, and as viewed from neighboring developments. Overall, the proposed three-story building additions do not violate the municipal code's view impact provisions, also pursuant to the other reasons and findings noted below. b. The proposed building additions do not affect the Ridgeline Protection Areas as viewed from Brush Creek Road. c. The long-distance sight lines and overlooks do not adversely impact the framed or foreground views. d. The Applicant has made reasonable attempts to modify the design of the building additions to limit long-distance view impacts. e. An approximate 120 foot separation distance between the proposed building additions and the existing closest neighboring property to the south as proposed seems sufficient for a buffer, which assists in lessening the visual impacts. f. The Applicant has added additional plant materials surrounding the proposed building additions, including oversized specimens on a proposed landscape plan. Town Council Resolution No. 46, Series 2017 Enclave Major PUD Amendment Preliminary Plan - Page 6 of 14 g. The piece of land to the west of the existing Enclave buildings became unencumbered when the Wood Run lift and easement was abandoned and extinguished and therefore qualifies as unique and exceptional circumstance. h. The Applicant has the right and ability to apply for and propose additional units as a result of the above noted unique and exceptional circumstance. i. To require absolutely no view impacts would set a precedent that would severely limit development within the Town. j. Many or most of the multi-family projects along ski trails are at minimum three stories within the Town, and the proposed building additions are therefore consistent with the character of the Town. k. The proximity of the proposed building additions, whether two or three stories in height, will be visible from the surrounding areas. Overall, there is a balancing test with view impacts relative to sites, buildings and the mountains. I. The existing embankment areas for the adjacent ski back trail already causes view impacts from the closest adjacent property to the south but also lessens the visual impact of the proposed building additions. m. The adjacent Base Village entitled development is not considered a landmark but as a high density urban project with significant mass and scale. n. The Planning Commission and Town Council must evaluate land use proposals and make findings and recommendations for the benefit of the entire community. 2. Variations from Buildout / Unit Equivalency (UE) and Setbacks. a. The Applicant has acceptably demonstrated unique and exceptional circumstances for the proposed buildout from 39 to 45 actual free market units or from 27.42 UE to 37.03 UE (as Amended October 30, 2017), which is beyond 100 percent buildout, in that: i. usable land on the current Enclave property became available because of the prior Wood Run lift vacation, and ii. an extensive amount of retainage on the property is failing and needs to be replaced. b. The Applicant has sufficiently demonstrated that the resulting proposed development will, for good cause shown, exceed the PUD review standards regarding the proposed buildout variation because: i. The proposed development is not within a Sensitive Wildlife Habitat area; ii. The proposed additions are located outside the Brush Creek Impact Zone; iii. The proposal does not affect the Ridgeline Protection Areas; iv. The proposed additions are not located on natural slopes greater than 30 percent; Town Council Resolution No. 46, Series 2017 Enclave Major PUD Amendment Preliminary Plan - Page 7 of 14 v. Water supply, sewage disposal (including relocation of a sewer line), and solid waste disposal are being acceptably addressed by the Applicant; vi. The Applicant will be coordinating with the Snowmass-Wildcat Fire Protection District to create improved access to the development; vii. The Applicant has committed to providing a utility easement including a construction easement for the planned bus shelter and transit stop along Wood Road; viii. Off-street parking is being increased beyond current approved PUD standards to improve the parking provision ratios per unit and per bedroom while yet acceptably below the Town standard as a result of the planned nearby transit stop, pedestrian connections and crosswalk; ix. Despite the proposed setback reductions, the buffer treatment along Wood Road will be enhanced with oversized plant material together with the tree removal and mitigation plan; x. Taking into consideration the proposed reduction of open space from 63.7 percent per the current PUD standards to 54.1 percent under the current proposal, it still satisfies the municipal code standards of 25 percent for properties zoned 'MF'; xi. The Building design guidelines are being effectively implemented to preserve community character and the proposed building additions are placed lower than the 38 foot height standard per the proposed 'MF' zone district for the site; xii. The required restricted housing of 1 ,014 square feet is being exceeded by 260 percent to 2,650 square feet under the current proposal, as further Amended on October 30, 2017, which also serves as an acceptable community purpose for the proposed variations according to the municipal code. Included with the restricted housing square footage, the additional restricted `for-sale' employee housing unit of 822 square feet has been offered to enhance the community purpose offerings, as presented by the Applicant at the Town Council meeting on November 6, 2017; and xiii. Overall, Town decision makers, and Town Council in particular, employ discretion over this standard. c. There is a proposed setback reduction from approximately 22 to 13 feet along Wood Road for the planned expanded tandem carport structure and an establishment of a setback line for the PUD of approximately ten (10) feet away from the north and east property lines and from the existing gondola alignment ski easement. These changes, together with the proposed enhanced landscape buffering with the tree removal and mitigation plan with oversized plant materials at installation, are acceptable for a preliminary plan level of review. 3. Community Purposes for proposed Variations. The proposed community purpose of employee housing provisions beyond the mitigation requirement and Town Council Resolution No. 46, Series 2017 Enclave Major PUD Amendment Preliminary Plan - Page 8 of 14 the provision of a utility and construction easement for the bus shelter and transit stop are adequate to partially justify the proposed variations, and thus the installation of sidewalk along the Wood Road frontage, while also an `Adequate Facilities' code standard for mitigation, could serve to fulfill the community purpose requirement of the municipal code in accepting the Enclave's variation requests because it would provide further pedestrian connections, safety and convenience. 4. Civil and Environmental concerns. The Applicant responses to the civil and engineering evaluation review comments are sufficient for a preliminary plan level of review. The referral and evaluation review of the Applicant's updated civil, drainage and geotechnical package received on October 5, 2017 was deemed acceptable by the Town Engineer on October 10, 2017 for a preliminary plan level of review. 5. Solid Waste. The Applicant represented that the proposed trash and recycling capacity will be sufficient to satisfy the Town's Public Works Department. With increased capacity, the haul-off frequency will be similar to existing conditions, or less, as represented by the Applicant. 6. Air Quality. The addition of five new units should be inconsequential with five added gas fireplaces as such emissions should be off-set by the more-efficient boiler planned for installation. There are remaining concerns regarding the effects on air quality during construction and the exhaust ventilation in the new garage that should be addressed in more detail with a Final PUD submission. 7. Transportation mitigation. To assist in alleviating the increase in traffic and parking on the site, the Applicant's proposal for a public bike-share program on site with three bike storage areas should provide an acceptable alternative form of transportation. 8. Shadow Impacts. The shading impacts from the proposed buildings are more significant during the winter solstice than during other times of the year, which is not uncharacteristic of the other developments in the immediate vicinity. 9. Conference Facilities in proposed 'MF' zone. The proposed 190 and 625 square foot board and conference rooms planned in the proposed new Arrival Building are not interpreted as a stand-alone conference facility as prohibited under the proposed 'MF' zone district, but rather as acceptable ancillary uses to the principle uses on the site. The intended 'MF' zone meets the review standards under Section 16A-5-220(e). 10. Comprehensive Plan consistency. The Town Council finds that the proposed application is consistent with the Comprehensive Plan, in particular the following policies: Town Council Resolution No. 46, Series 2017 Enclave Major PUD Amendment Preliminary Plan - Page 9 of 14 Chapter 2, Community Character and Vision: Provide "a traffic system that allows convenient circulation, mobility, and parking." Chapter 7, Built Environment: "Encourage revitalization and reinvestment in properties," in particular for multifamily properties that are aging enough to require capital reserve expenditures (per the Multifamily Residential CPA). "Incentivize revitalization and reinvestment in properties." Facilitate the improvement and/or addition of amenities including meeting spaces, fitness and/or spa facilities, lobbies. . . . landscaped areas, et cetera. • Facilitate the improvement and/or addition of building improvements. . .. entry and arrival features. . . "Provide the ability to offset revitalization and reinvestment costs by considering increases in floor area." "Create a compact, clearly defined and well-connected Town Core." •- "Consider long-range goals and community needs as a whole when making specific land use decisions. Make decisions that best serve the resort and the community over the long term." Chapter 8, Transportation: "Require that new development and redevelopment project the number of person trips generated by their application, and present alternatives and strive to achieve a zero growth rate in traffic volume in the peak periods." "Comprehensively link land use / employee housing decisions with mobility options." Section Three. Action. The Town Council hereby approves, with conditions, the Enclave Major PUD Amendment Preliminary Plan and re-zoning to 'MF' applications, for a preliminary plan level of review, and to allow the Applicant to proceed to the Final PUD stage, without referral to the Planning Commission for review, subject to implementing the conditions in Section Four below. Section Four: Conditions of Approval. The Applicant will comply with and address the following conditions with the Final PUD application: 1 . Community Purpose Offerings for proposed Variations. The Applicant has offered a fourth employee unit of 822 square feet with two bedrooms as a `for- sale' affordable housing unit per their Amendment dated October 30, 2017, which is acceptable to further enhance the Community Purpose offerings for the Variations proposed. Town Council Resolution No. 46, Series 2017 Enclave Major PUD Amendment Preliminary Plan - Page 10 of 14 2. Employee Rental Housing. Together with a Restricted Housing Agreement at the time of Final PUD submission, the Applicant will add a provision that the owner(s) of the Rental Units shall annually submit `Annual Reports' to the Town Housing Department detailing requested rental information for each Rental Unit for the preceding calendar year (which such information may include rental rates, identification of the renters, employments of the renters, and other information necessary to demonstrate compliance with Town Restricted Housing rental guidelines). Each such report shall be due on or before January 31 of each calendar year and shall cover the period from the preceding January to December. A Rental Unit owner who fails to timely submit such report to the Town Housing Department shall be subject to a $1 ,000 fine imposed by the Town for each report not so submitted. Also, any two-bedroom with one-bath combination will be designed with separate commode and sink/bath rooms. 3. Restricted Housing Agreement. A draft Restricted Housing Agreement will be submitted by the Applicant with the Final PUD application to include: a) similar provisions as in other recent developments; b) a requirement for the annual report to be submitted to the Town's Housing Office; c) rental rates and sales pricing as determined by the Town Council by current rental rates and sale prices of comparable restricted units within the Town; d) purchase and sale agreement provisions; and e) timing provisions such as the free-market units in the new building pod addition on the Enclave site not receiving a Certificate of Occupancy and/or being rented or sold to a third party or purchaser until the restricted employee housing units (rentals and `for-sale') have been issued a building permit and have received a Certificate of Occupancy. 4. Civil Plan and Environmental matters. The Applicant shall provide a final design civil plan package addressing to the satisfaction of the affected referral agencies the Preliminary Plan comments and understandings relative to drainage, public improvement issues including sidewalks, the completed version of the construction management plan and its drawings, the environmental comments including air quality, and the geotechnical investigation. 5. Air Quality. A Fugitive Dust Control Plan (FDCP) shall be submitted following State guidelines. Carbon monoxide or oxygen level detectors should be provided inside the new below-grade garage. 6. Solid Waste. The Applicant will create a level, flat grade for access by trash trucks of bear-proof dumpsters and recycling containers of a number and size satisfactory to the Town's Public Works Department. 7. Water Quality. The Applicant shall clarify with the Snowmass Water and Sanitation District the appropriate and required connection of the parking drain system and the sand / oil and grease separators and describe definitively with the final design of the civil plan package. I Town Council Resolution No. 46, Series 2017 Enclave Major PUD Amendment Preliminary Plan - Page 11 of 14 8. Geotechnical investigation. Following the review of appropriately detailed civil plan drawings, a dewatering permit shall be submitted by the Applicant as determined by state guidelines. 9. Public Sidewalk Pedestrian Facility. Pursuant to Section 16A-5-300(c)(10) of the municipal code standards under `Adequate Public Facilities' that also reference `pedestrian circulation,' a sidewalk, whether attached or detached, along the Enclave's Wood Road frontage within the Wood Road public right-of- way shall be designed for installation on the final design civil plan package submitted with the Final PUD application. 10. Bike Share. The Applicant shall provide an E-bike station or similar on the Enclave site that is accessible to the general public. 11 . Parking. The parking plan, as modified by the Amendment dated October 30, 2017, shall label, reserve and sign on-site the six (6) parking spaces designated for the employee housing units and the seven (7) compact spaces in the parking garage. 12. Emergency Access. In addition to the E-bike storage to be provided, the Applicant shall work with the Snowmass-Wildcat Fire Protection District (SWFPD) to demonstrate and achieve emergency access that is a smooth noninterfering transition between the replacement entryway driveway and the new Wood Road public improvements. 13. Landscape Plan. As a detailed landscape plan was deferred to the Final PUD stage by Town Council Resolution 4, 2017, the proposed landscape plan with a tree removal and mitigation plan adequate for a preliminary plan level of review submitted with the Third Supplemental Addendum dated August 10, 2017 should be further refined to add and identify plant material and spaces for ground coverages and types, shrub bed areas, decorative boulder walls as may be needed and an automatic irrigation system together with dense planting buffers. 14. Construction management plan. As the CMP drawings, outside of the CMP text provided in the application, were deferred to the Final PUD stage by Town Council Resolution 4, 2017, the Applicant will provide more detail at time of Final PUD submission regarding environmental impacts such as, a) hazardous material management, b) storm and sediment control, c) fugitive dust control, d) site-trained personnel response to hazardous material spills, and e) the cleaning of construction vehicles. 15. Easements. Private and public easements, including a multi-purpose utility, drainage and construction easement for the bus shelter and transit stop shall be completed, executed, granted by an amended subdivision plat and recorded by the Applicant with mylars/copies delivered to the Town prior to issuance of a building permit. The easements required shall also be addressed accordingly _ I Town Council Resolution No. 46, Series 2017 Enclave Major PUD Amendment Preliminary Plan - Page 12 of 14 with the submission of a draft Subdivision Improvements Agreement with the Final PUD application. 16. Final Plat. Pursuant to Section 16A-5-360(b)(2)b, a final subdivision plat as an amendment to the prior Enclave's Parcel N subdivision, and for preparation by a licensed surveyor in the State of Colorado, is required with the submission of the Final PUD application that may also be utilized to set the proposed modified setback lines, address affected utility easement releases and grant new easements. 17. Final PUD Plan and PUD Guide. Pursuant to Section 16A-5-360(b)(2)c, the Applicant will submit with the Final PUD application final designed development plans, final landscaping and grading plans, final architectural plans and final utility plans, including the final design civil plan package. A Final PUD Guide shall also be submitted specifying the zone district limitations under the proposed 'MF' zone district and the proposed development regulations or land use parameters that will guide the future development of the property. 18. Covenants. Pursuant to Section 16A-5-360(b)(2)d, a final version of the updated homeowner's association or condominium association documents or covenants, describing how the association will maintain the modified common areas or open space, shall be submitted with the Final PUD application for review. 19. Subdivision Improvements Agreement. Pursuant to Section 16A-5- 360(b)(2)e, the Applicant will submit a draft Subdivision Improvements Agreement with the Final PUD application for review addressing guarantees, security, repair during construction, provisions for partial release of security, and warranties for `public improvements that are necessary for the development' and estimated costs thereof, including the entry driveway for acceptable emergency vehicular ingress and egress, the off-street parking requirement improvements, an E-bike station, sidewalks, pedestrian ways, traffic control signs, street lights and street name signs as might be needed, water lines, fire hydrants, bridges or culverts, storm drainage improvements, storm sewers, sanitary sewers, electrical lines, communication lines, natural gas lines (as well as any easements required thereof), and landscaping. 20. Development Agreement. The Town Council reserves the option as permitted by the municipal code to enter into a development agreement with the applicant. If proposed, an Applicant draft of the development agreement shall be submitted with the Final PUD application for review. Section Five. Severability. If any provision of this Resolution or application hereof to any person or circumstance is held invalid, the invalidity shall not affect any other provision or application of this Resolution which can be given effect without the invalid provision or application, and, to this end, the provisions of this Resolution are severable. Town Council Resolution No. 46, Series 2017 Enclave Major PUD Amendment Preliminary Plan - Page 13 of 14 INTRODUCED, READ, AND FAILED TO BE APPROVED by the motion of Town Council member Sirkus and the second of Town Council member Butler by a vote of 2 in favor and 2 against, on this 18th day of December, 2017. Council Member Butler and Sirkus were in favor, Council Member Good and Shenk, were against. Council Member Madsen was absent. TOWN OF SNOWMASS VILLAGE TOWN COUNCIL Markey But er, ayor AA- 1,At x L V-4..___.) . - Rhonda : . Coxon, Town Clerk A ' PR ' VED AS O FORM: (\ 00 i 1 '(A,t ' \ AA ,,, J. - 4 C. Dresser, Jr., Town Attorney Exhibits incorporated by reference and on file at the Town's Community Development Department: • Applicants initial application materials updated as complete as of February 28, 2017; • Applicant's Supplemental Addendum No. 1 received June 14, 2017 in response to staff evaluation comments and the Planning Commission deliberations on April 19, 2017 regarding revisions to the building additions, heights, view impacts and landscape buffering; • Applicant's Supplemental Addendum No. 2 received June 19, 2017 (1St update of civil drainage plans) in response to the staff and referral agencies evaluation comments related to civil plan issues; • Applicant's Supplemental Addendum No. 3 received August 10, 2017 in response to the staff and referral agencies evaluation comments and an on-site meeting held on July 28, 2017 regarding updated landscape design, easement provisions, a modified solid waste plan, and responses to prior environmental and CMP evaluation review comments; • Applicant's Supplemental Addendum No. 4 received August 16, 2017 (2"d update of the civil and drainage plan package) in response to prior staff and referral Town Council Resolution No. 46, Series 2017 Enclave Major PUD Amendment Preliminary Plan - Page 14 of 14 agencies evaluation comments on the Supplemental Addendum No. 2 received June 19, 2017 regarding the civil, drainage and geotechnical issues; • Applicant's Supplemental Addendum No. 5 received October 5, 2017 (3rd update of the civil and drainage plan package) regarding an updated drainage report that was accepted by the Town Engineer on October 10, 2017 for a preliminary plan level of review; and • Amendment dated October 30, 2017, including certain other addendums and amendments showing the effects from the change, proposing an additional employee unit containing 822 square foot with two-bedrooms as a `for-sale' affordable dwelling (on 1st level only within building addition) in lieu of the prior proposed restricted `RO' free-market unit that was presented as an amendment by the Applicant at the August 16, 2017 Planning Commission public hearing.